Legal Question in Civil Litigation in Texas

What is a lawyers responsiblity for filing frivalous lawsuit?

Doesn't an attorney have to do his ''homework'' and make for sure the story lines up before pressing a lawsuit.??

Ex wife is suing She says my mom and I beat her malicously (if you could read it, it sounds like a massive gangbeating that no one should have walked away from.) Yet she walks away and officers take her to jail. My sister had to have EMT from being choked and has a permanent scar on her head.

Ex and I had conversation seven months after incident for over three hours. She gives me her # wants me to call, be friends, get together, etc.

Now is suing right before statue of limitations runs out saying she has mental anquish and pain etc. Her Story makes NO sense whatsoever.If we had assaulted her Officers would have arrested us on the spot and taken her to the hospital with the injuries she describes in the suit.

She has harrassed us, sent messages and says it is ''all for a good laugh.''

We will win case but Can we get our attorney fees back if the lawyer is at fault for not looking into his clients case completely. Isn't it wrong to impact a family by filing a frivalous lawsuit?

What process does the court use to determine an attorneys fault? If this goes to trial can we recover our costs??

2 Answers from Attorneys

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